Justices Decline to Take Up New Eminent Domain Case
By LINDA GREENHOUSE
WASHINGTON, Jan. 16 - The Supreme Court on Tuesday bypassed an opportunity to revisit or limit its much-disputed 2005 ruling that upheld governmental power to use eminent domain to foster economic development.
Without comment, the justices declined to hear a case from Port Chester in Westchester County, N.Y., that challenged the village's use of eminent domain in a dispute between a property owner and a private company designated as the developer of a run-down 27-acre urban renewal area.
The redevelopment plan, adopted by Port Chester in 1999, envisioned a retail area that would include a drugstore. In 2002, the developer, G & S Port Chester LLC, announced that a Walgreens store would be part of the project. But Bart Didden, the owner of the parcel where the store was to sit, had by that time separately entered into a lease with a competing drugstore chain, CVS.


